Work & No Pay

Rubiee

DH went for a trial the other day and worked from 3pm to 10.15pm or thereabouts with no break. He was called in to work two days later for another 4 hours and then told they would call next week to let him know when he was needed. No call came, so he rang them they said they didn't need him. No mention of pay and they employer hung up without DH being able to ask. Rang back and phone was off. Sent text - no reply. What can you do in this situation?? Very annoying as he had to drive about 40 mins each way. I don't mind that they don't want to give him the job but surely it is cheeky not to pay ???

the_syco

They must pay. This wouldn't happen to be a door-to-door sales job? If it is, me, or someone else here will link the thread to the door-to-door company that scams people like this...

Rubiee

No it was not door to door sales work. It was chef work.

the_syco

Rubiee wrote: »

No it was not door to door sales work. It was chef work.

Hrm... they may be saying that the days were a trial for future employment, or some similar crap.

Rubiee

The problem is they are not saying anything at all. They won't answer the phone or messages. It wasn't the impression given that it was "free work" whatever about the first day, surely when they call you to work another day you assume it means payment??????

MagicMarker

If it was me I would go back in personally to see what the story is. It's very easy to ignore a phone call.

Rubiee

Thanks for that Magicmarker. We considered that but considering the distance i.e amount of petrol used to get there, were hoping not to have to, especially if they are not going to pay up. Already out of pocket enough. Looks like we may have to though.

eth0_

Rubiee wrote: »

The problem is they are not saying anything at all. They won't answer the phone or messages. It wasn't the impression given that it was "free work" whatever about the first day, surely when they call you to work another day you assume it means payment??????

Unless they mentioned money during the interview, it sounds like it was an unpaid trial. This is fairly common for chefs, no?

JDxtra

40 minutes does not sound like a long drive...

Dannyboy1987

easy way to get back at them order a meal and don't pay i would , also name and shame

Jo King

Make a claim under the Payment of Wages Act to a Rights Commissioner. Claim also for failure to supply a written copy of the terms and conditions of employment. Also make a complaint to the guards under Section 7 of the Criminal justice (Theft & Fraud offences) Act 2001.
Unless it was made clear that there was to be an unpaid trial he is entitled to be paid.

eth0_

Jo King wrote: »

Unless it was made clear that there was to be an unpaid trial he is entitled to be paid.

Unless the potential employer said it was a PAID trial and told him how much he would be paid, he is probably entitled to nothing. Doing an unpaid trial is not uncommon in this line of work.

Rubiee

Thanks for all the replies.
While trials are common in this line of work they normally consist of a couple of hours work - not a full shift and not a second shift offered directly after the "trial".
I think it is best put down to experience. Once bitten, twice shy!

Jo King

Rubiee wrote: »

Thanks for all the replies.
While trials are common in this line of work they normally consist of a couple of hours work - not a full shift and not a second shift offered directly after the "trial".
I think it is best put down to experience. Once bitten, twice shy!

It will be a matter for the employer to prove that unpaid trials are common. The Rights Commissioner would be very slow to allow any employer to behave like this.